HomeMy WebLinkAboutCity of Tamarac Resolution R-98-109Temp. Reso. # 8175
March 13, 1998
Revision #1, April 14, 1998
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-98-) 0 51
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, ACCEPTING THE STATE
OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS
GRANT OF $9,000 AND AUTHORIZING A MATCH FROM
THE CITY IN THE AMOUNT OF $9,000, FOR A TOTAL
PROJECT COST OF $18,000 FOR EMERGENCY
REPEATERS; AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN
THE CITY OF TAMARAC AND THE STATE OF FLORIDA,
DEPARTMENT OF COMMUNITY AFFAIRS FOR THE
DIVISION OF EMERGENCY MANAGEMENT GRANT
FUNDS; APPROVING AN INTERFUND TRANSFER FROM
THE GENERAL FUND TO THE GRANTS FUND IN THE
AMOUNT OF $9,000; AMENDING THE ANNUAL GRANTS
FUND BUDGET OF ESTIMATED REVENUES AND
EXPENDITURES IN THE AMOUNT OF $18,000;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Tamarac desires to ensure
communications in the post disaster response and recovery phases by
purchasing three emergency repeaters; and
WHEREAS, the City Commission of the City of Tamarac understands the
need for backup equipment in the event of the disaster disabling the primary
communication equipment; and
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Temp. Reso. # 8175
March 13, 1998
Revision #1, April 14, 1998
Page 2
WHEREAS, the application submitted to the State of Florida, Department
of Community Affairs for an emergency management grant in the amount of
$9,000 on October 14, 1997 (Resolution No. R-97-215), has been approved; and
WHEREAS, the acceptance of these funds requires the amending of
estimated revenues and expenditures fund within the Grants Fund budget; and
WHEREAS, available funds exist in the General Fund budget for said
purpose; and
WHEREAS, it is the recommendation of the Fire Chief and Assistant City
Manager/Director of Finance that the grant from the State of Florida, Department
of Community Affairs be accepted, and the match of $9,000 from the City be
approved; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it
to be in the best interest of the citizens and residents of the City of Tamarac to
accept the State of Florida, Department of Community Affairs grant in the amount
of $9,000 and approve the City match in the amount of $9,000 for emergency
radio repeaters.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution.
Temp. Reso. # 8175
March 13, 1998
Revision #1, April 14, 1998
Page 3
SECTION 2: The City of Tamarac will match $9,000 to the grant for a total
project cost of $18,000 that will fund the purchase of three emergency radio
repeaters as described in the grant agreement Exhibit A, Attachment A.
SECTION 3: An interfund budget transfer in the amount of $9,000 from
General Fund account entitled, "Grants — Matching Funds" to Grants Fund
account entitled, "Machinery and Equipment" is HEREBY APPROVED for correct
accounting standards.
SECTION 4: The City Commission authorizes the appropriate City Official
to amend the Grants Fund budget in the amount of $18,000 and appropriate said
funds including any and all subsequent budgetary transfers to be in accordance
with proper accounting standards.
SECTION 5: The City Manager or his designee is hereby authorized to
execute the Agreement between The state of Florida, Department of Community
Affairs and the City of Tamarac for the Division of Emergency Management
Grant Funds (attached hereto as Exhibit A).
SECTION 6: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 7: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
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Temp. Reso. # 8175
March 13, 1998
Revision #1, April 14, 1998
Page 4
SECTION 8: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this g�• day of424-,1998.
ATTEST:
CAROL GOD CMC/AAE
CITY CLERK
I HEAEBY CERTIFY that I have
Ap r veo this RESOLUTION as to
RECORD OF COMM
MAYOR SCHREIBER
DIST 1: COMM. McKAYE
DIST 2: V/M MISHKIN
DIST 3: COMM. SULTANOF
DIST 4: COMM. ROBERTS
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EXHIBIT "A"
Agreement Number: 98CP-05-11-16-02-227
GRANT AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Department of
Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the
"Department"), and the City of Tamarac, (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
WHEREAS, the Department is authorized, pursuant to Section 252.373, Florida Statutes,
and Rule Chapter 9G-19, Florida Administrative Code to disburse funds for emergency
management grants to eligible recipients; and
WHEREAS, the Recipient has been awarded funds under the above -referenced
authorities after -completion of the competitive awards process; and
IsWHEREAS, Recipient agrees to comply with all the requirements applicable to said
award, as supplemented by the terms and conditions in this Agreement.
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NOW, THEREFORE, the Department and the Recipient do mutually agree as follows:
1. SCOPE OF WORK AND FUNDING
The Recipient shall undertake and fully perform the scope of work identified in its
application for the competitive grant award, in accordance with the Scope of Work
included as Attachment A of this Agreement. Funding up to $9,000 shall be provided on
a reimbursement basis, in accordance with the budget to be submitted by Recipient
pursuant to the requirement in Attachment A. For any advance payment, refer to
Attachment F for additional terms and conditions. All terms and conditions set forth in
Attachment F are incorporated as if set out fully herein.
II. INCORPORATION OF LAWS, RULES. REGULATIONS AND POLICIES
Both the Recipient and the Department shall be governed by applicable State and Federal
laws, rules and regulations, including, but not limited to, those identified in Attachment B
of this Agreement.
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0 III. PERIOD OF AGREEMENT
This Agreement shall begin upon execution by both parties and shall end March 31, 1999,
unless terminated earlier in accordance with the provisions of Paragraphs VII. or
IX. or XIV. of this Agreement. Final requests for reimbursement shall be submitted no
later than thirty (30) days after the termination date of the Agreement. Any requests
received after May 15, 1999, may, in the discretion of the Department, not be reimbursed
from this Agreement. Reimbursement requests shall not be submitted by facsimile
transmission.
IV. MODIFICATION OF AGREEMENT
Either party may request modification of the provisions of this Agreement. Changes
which are mutually agreed upon shall be valid only when reduced to writing, duly signed
by each of the parties hereto, and attached to the original of this Agreement.
V. MONITORING
The Recipient shall constantly monitor its performance under this Agreement to ensure
that time schedules are being met, the Budget and Scope of Work are being accomplished
within specified time periods, and other performance goals are being achieved. Such
review shall be made for each function, or activity set forth in Attachment A to this
Agreement, and shall be reported in accordance with the reporting requirements of
Attachment D. -
VI. LIABILITY
A. Except as otherwise provided in subparagraph (B) below, the Recipient shall be
solely responsible to parties with whom it shall deal in carrying out the terms of
this Agreement, and shall save the Department harmless against all claims of
whatever nature by third parties arising out of the performance of work under this
Agreement. For purposes of this agreement, Recipient agrees that it is not an
employee or agent of the Department, but is an independent contractor.
B. Any Recipient who is a state agency or subdivision, as defined in Section 768.28,
Florida. Statutes, agrees to be fully responsible for its negligent acts or omissions
or tortious acts which result in claims or suits against the Department, and agrees
to be liable for any damages proximately caused by said acts or omissions.
Nothing herein is intended to serve as a waiver of sovereign immunity by any
Recipient to which sovereign immunity applies. Nothing herein shall be
construed as consent by a state agency or subdivision of the State of Florida to be
sued by third parties in any matter arising out of any contract.
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0 VII. NONCOMPLIANCE. REMEDIES. AND TERMINATION
A. If the Recipient fails to comply with any term applicable to an award under Rule
Chapter 9G-19 F.A.C., or this Agreement, the Department may take one or more
of the following actions, as indicated by the attendant circumstances:
temporarily withhold cash payments, pending correction of the deficiency,
or more severe enforcement action;
2. disallow all or part of the cost of the activity or action not in compliance;
3. suspend or terminate the award;
4. disallow future participation in the program or funding provided under this
rule chapter;
5. recover all funds provided under the current award.
B. Costs of the Recipient resulting from obligations incurred by the Recipient during
suspension or after termination of an award are not allowable unless the
Department expressly authorizes them in the notice of suspension or termination,
or subsequently authorizes them in writing. Other Recipient costs during
suspension or after termination which are necessary and not reasonably avoidable
may be allowable if:
the costs result from obligations which were properly incurred by the
Recipient before the effective date of the suspension or termination, are
not in anticipation of the suspension or termination, and, in the case of
termination, are not cancelable, and
2. the costs would be allowable if the award were not suspended or expired
normally at the end of the period in which the termination occurs.
C. Recipient of terminated grants shall remain obligated to provide all required
closeout information.
D. In the event that any audit determines that costs reimbursed or otherwise funded
under this rule chapter should be disallowed, then the Recipient shall return those
disallowed funds to the Department. In the alternative, the Department may offset
the disallowed amount against any current or future awards to the Recipient.
0 E. Actions taken for noncompliance constitute final Department action under
Chapter 120, Florida Statutes, as amended. Notification of such actions shall
. include notice of administrative hearing rights and time frames.
F. The Recipient shall return funds to the Department if found in non-compliance
with laws, rules, and regulations governing the use of the funds or this
Agreement.
G. This Agreement may be terminated by the written mutual consent of the parties.
VIII. NOTICE AND CONTACT
All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the representative
identified below at the address set forth below and said notification attached to the
original of this Agreement.
A. The Department designates Joseph F. Myers, Director, Division of Emergency
Management, or his designee, as the Department's Contract Manager. All
communications, written or oral, relating to this Agreement shall be directed to
him at the following address:
Department of Community Affairs
• Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
B. For the Recipient, all communications, written or oral, relating to this Agreement
shall be directed to the following:
Recipient's Contract Manager's Name and Address:
Paul Forsberg _
Tamarac Fire Rescue Department
7501 North Westvenue
Tamarac:., Florida 21
C. In the event that different representatives are designated by either party after
execution of this Agreement, notice of the name, title and address of the new
representative will be rendered as provided in Paragraph VIII. A and B above.
IX. OTHER PROVISIONS
A. The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the
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Recipient, in this Agreement, in any subsequent submission or response to
Department request, or in any submission or response to fulfill the requirements
of this Agreement, and such information, representations, and materials are
incorporated by re-ference. The lack of accuracy thereof or any material changes
shall, at the option of the Department and with thirty (30) days written notice to
the Recipient, cause the termination of this Agreement and the release of the
Department from all its obligations to the Recipient.
B. This Agreement shall be construed under the laws of the State of Florida, and
venue for any actions arising out of this Agreement shall lie in Leon County. If
any provision hereof is in conflict with any- applicable statute or rule, or is T
otherwise unenforceable, then such provision shall be deemed null and void to -the
extent of such conflict or unenforceability, and shall be deemed severable, but
shall not invalidate any other provision of thisAgreement.
C. No waiver by the Department of any right or remedy granted hereunder or failure
to insist on strict performance by the Recipient shall affect or extend or act as a
waiver of any other right or remedy of the Department hereunder, or affect the
subsequent exercise of the same right or remedy by the Department for any further
or subsequent default by the Recipient. Any power of approval or disapproval
granted to the Department under the terms of this Agreement shall survive the
terms and life of this Agreement as a whole.
D. More than one copy of this Agreement may be executed. Any copy with original
signatures may be considered an original.
X. AUDIT REQUIREMENTS
A. The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the
receipt and expenditure of funds under this Agreement.
B. These records shall be available at all reasonable times for inspection, review, or
w audit by state personnel and other personnel duly authorized by the Department.
"Reasonable" shall be construed according to circumstances, but ordinarily shall
mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday
through Friday.
C. Recipient shall also provide the Department with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds
awarded under this Agreement.
D. The Recipient shall provide the Department with an annual financial audit report
which meets the requirements of Sections 11.45 and 216.349, Florida Statutes,
and Chapter 10.550 and 10.600, Rules of the Auditor General, for the purposes of
auditing and monitoring the hinds awarded under this Agreement. The funding
for this Agreement was received by the Department as a grant-in-aid
appropriation.
The annual financial audit report shall include all management letters and
the Recipient's response to all findings, including corrective actions to be
taken.
2. The annual financial audit report shall include a schedule of financial
assistance specifically identifying all Agreement and grant revenue by
sponsoring Department and Agreement number.
3. The complete financial audit report, including all items specified in
Paragraph X. D. 1. and 2. above, shall be sent directly to:
Department of Community Affairs
Office of Inspector General
2555 Shumard Oak Boulevard
- Tallahassee, Florida 32399-2100
E. In the event the audit shows that the entire funds, or any portion thereof, were not
spent in accordance with the conditions of this Agreement, the Recipient shall be
held liable for reimbursement to the Department of all funds not spent in
accordance with these applicable regulations and Agreement provisions within
thirty (30) days after the Department has notified the Recipient of such non-
compliance.
F. The Recipient shall retain all financial records, supporting documents, statistical
records, and any other documents pertinent to this Agreement for a period of three
years after the date of submission of the final expenditures report. However, if
litigation or an audit has been initiated prior to the expiration of the three-year
period, the records shall be retained until the litigation or audit findings have been
resolved.
G. The Recipient shall have all audits completed by an Independent Certified Public
Accountant (ICPA) who shall either be a certified public accountant or a public
accountant licensed under Chapter 473, Florida Statutes. The ICPA shall state
that the audit complied with the applicable provisions noted above.
H. The audit is due seven months after the expiration of the Agreement.
0 XI. SUBCONTRACTS AND PROCUREMENT
A. If the Recipient subcontracts any or all of the work required under this Agreement,
the Recipient agrees to include in the subcontract that the subcontractor is bound
by the terms and conditions of this Agreement with the Department.
B. The Recipient agrees to include in the subcontract that the subcontractor shall
hold the Department and Recipient harmless against all claims of whatever nature
arising out of the subcontractor's performance of work under this Agreement, to
the extent allowed and required by law.
See Attachment E for any additional terms and conditions pertaining to subcontracts.
XII. TERMS AND CONDITIONS
The Agreement contains all the terms and conditions agreed upon by the parties.
XIII. ATTACHMENTS
A. All attachments to this Agreement are incorporated as if set out fully herein.
B. In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments hereto, the language of such attachments shall be
controlling, but only to the extent of such conflict or inconsistency.
XIV. STANDARD CONDITIONS
The Recipient agrees to be bound by the following standard conditions:
A. The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any
modification in accordance with Chapter 216, Florida Statutes.
B. If otherwise allowed under this Agreement, extension of an Agreement for
contractual services shall be in writing for a period not to exceed six (6) months
and shall be subject to the same terms and conditions set forth in the initial
Agreement. There shall be only one extension of the Agreement unless the failure
to meet the criteria set forth in the Agreement for completion of the Agreement is
due to events beyond the control of the Recipient.
C. All bills for fees or other compensation for services or expenses shall be
submitted in detail sufficient for a proper preaudit and postaudit thereof.
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D. If otherwise allowed under this Agreement, all bills for any travel expenses shall
be submitted in accordance with s. 112.061, Florida Statutes.
E. The Department reserves the right to unilaterally cancel this Agreement for refusal
by the Recipient to allow public access to all documents, papers, letters or other
material subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the Recipient in conjunction with the Agreement.
F. The State of Florida will not intentionally award publicly -funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a
violation of the employment provisions contained in 8 U.S.C. Section 1324a(e)
[Section 274A(e) of the Immigration and Nationality Act ("INA")]. The
Department shall consider the employment by any contractor of unauthorized
aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient
of the employment provisions contained in Section 274A(e) of the INA shall be
grounds for unilateral cancellation of this Agreement by the Department.
G. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide
any goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or a public work,
may not submit bids on leases of real property to a public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or consultant
under a contract with a public entity, and may not transact business with any
public entity in excess of Category Two for a period of 36 months from the date
of being placed on the convicted vendor list.
XV. STATE LOBBYING PROHIBITION
No funds or other resources received from the Department in connection with this
Agreement may be used directly or indirectly to influence legislation or any other official
action by the Florida Legislature or any state Department.
XVI. LEGAL AUTHORIZATION
The Recipient certifies with respect to this Agreement that it possesses the legal authority
to receive the funds to be provided under this Agreement and that, if applicable, its
governing body has authorized, by resolution or otherwise, the execution and acceptance
of this Agreement with all covenants and assurances contained herein. The Recipient
also certifies that the undersigned possesses the authority to legally execute and bind
Recipient to the terms of this Agreement.
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XVII. EQUIPMENT AND PROPERTY MANAGEMENT
If the Scope of Work contemplates the acquisition of equipment, then Recipient agrees to
use said equipment for emergency management purposes only, and to properly maintain
and repair said equipment. Recipient shall establish adequate maintenance procedures to
keep the equipment in proper working condition. Recipient shall establish a control
system to insure adequate safeguards to prevent loss, damage or theft of the equipment.
Recipient shall promptly advise the Department of any loss, damage or theft affecting
said equipment. Recipient shall make this equipment available to the Local Emergency
Management Agency established pursuant to Section 252.38, Florida Statutes, and to the
- State of Florida, upon request, in the event said equipment is needed for emergency
management purposes Recipient shall not sell, lease, rent, lent, -encumber or disposgof
said equipment without the written permission of the Department.
XVIII. COPYRIGHT. PATENT AND TRADEMARK
A. If the Recipient brings to the performance of this Agreement a pre-existing patent
or copyright, the Recipient shall retain all rights and entitlements to that
pre-existing patent or copyright unless the Agreement provides otherwise.
B. If any discovery or invention arises or is developed in the course of or as a result
of work or services performed under this Agreement, or in any way connected
herewith, the Recipient shall refer the discovery or invention to the Department
for a determination whether patent protection will be sought in the name of the
State of Florida. Any and all patent rights accruing under or in connection with
the performance of this Agreement are hereby reserved to the State of Florida. In
the event that any books, manuals, films, or other copyrightable material are
produced, the Recipient shall notify the Department. Any and all copyrights
accruing under or in connection with the performance under this Agreement are
hereby reserved to the State of Florida.
C. Within thirty (30) days of execution of this Agreement, the Recipient shall
disclose all intellectual properties relevant to the performance of this Agreement
which he or she knows or should know could give rise to a patent or copyright.
The Recipient shall retain all rights and entitlements to any pre-existing
intellectual property which is so disclosed. Failure to disclose will indicate that
no such property exists. The Department shall then, under Paragraph B., have the
right to all patents and copyrights which occur during performance of the
Agreement. Recipient shall be granted a royalty -free nonexclusive license to use
patented or copyrighted material for research or educational purposes.
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XIX. PUBLICATIONS AND PUBLICITY
Recipient shall, in publicizing, advertising, or describing the project, state: "Sponsored by
the State of Florida, Division of Emergency Management." If the project is referenced in
written material, the words "State of Florida, Division of Emergency Management" shall
appear in the same size letters or type as the name of the Recipient.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
- by their undersigned officials as duly authorized.
RECIPIENT: CITY OF TAMARAC
BY: n,.-.
XName and Title: Robert s . Noe Jr.
City Manager
Date: April 22. 1998
Federal Employer T.D. 5 9 -10 3 9 5 5 2
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
Name and Title: Joseph F. Myers. Director
Date:
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Attachment A
SCOPE OF WORK
The information and representations contained in the grant application submitted to the
Department and evaluated pursuant to Rule Chapter 9G-19, Florida Administrative Code, is
hereby incorporated by reference into this Agreement.
Within thirty days of the date of execution of this Agreement, Recipient shall supply a document
which includes an activities timeline, a list of deliverables, and a revised budget, for the approval
of the Department. This document shall address, with particularity and appropriate discussion,
each task necessary to complete the project identified in Recipient's application for grant funding.
The revised budget portion of this document shall be consistent in format with the budget
proposed in the original project application. It shall not consist of new line item expenditures,
but shall indicate whether the cost of the line items detailed in the original budget have increased
or decreased from the original information. Any proposed deviations from the original budget
may not exceed 5% (increase or decrease) of the originally approved amounts in the expenditure
categories affected. The total amount of grant money budgeted may not exceed the amount
authorized in the Agreement.
Failure to supply the above -referenced document, or disapproval of this document by the
Department, shall result in the denial of funding.
If the Recipient succeeds in acquiring products or services for less than the budgeted amount,
then it shall notify the Department and request authorization to apply the unexpended funds to
the project, identifying the proposed use for the unexpended funds. If the unexpended funds can
be applied to enhance the project through acquisition of additional equipment or services which
will provide the same benefit as the approved project, then the Department ,may approve the use
of the unexpended funds.
The Recipient shall complete the following tasks in the development process for the Emergency
Portable Radio Repeaters project.
1. Prepare specifications for the purchase of all hardware, equipment, software and support
material of the project. Insure that the specifications comply with the purchasing requirements of
the City, County and State, including bidding, if required, or purchase from pre-existing
contracts.
2. Insure that the purchase of equipment and other components are in full compliance with all
applicable rules and regulations.
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3. Insure that proper FCC licensing, frequency coordination and Florida Division of
Communication approval is obtained before the purchase of the radios or installation of the
antennas.
4. Install the hardware, software and other components in accordance with the specifications of
the manufacturer. Provide sufficient surge and lightning protection devices on all electrical or
electronic equipment purchased.
5. Follow the manufacturers requirements for warranty registrations, back-up files, multiple use
of software and operating requirements of the equipment and software.
d. Thoroughly test all components at time of purchase and installation to insure their capability
of meeting the objectives of this project.
7. Provide thorough training to all staff members who will be routinely involved in the operation
of the equipment and software purchased or installed as well as training to staff members or
outside personnel who may be involved in the operation of the equipment during emergency
situations.
8. Establish and follow written procedures, including checklists and logs, for the periodic testing
and exercising of the equipment purchased, including the testing, charging and replacement as
necessary, of the batteries required.
9. Conduct one complete evaluated emergency exercise and drill using the equipment purchased
or installed in the manner described in the grant application. The exercise scenario shall be
designed to provide a representative worst case example of a severe weather incident and one
that involves all aspects of the government and emergency response and recovery capabilities of
the City of Tamarac.
10. Retain the original copies all instruction books, software disks, installation and maintenance
records and other applicable documentation.
11. Provide a $9,000, or 50% of the total project cost, cash match to this project.
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Attachment B
PROGRAM STATUTES AND REGULATIONS
1. Chapter 252, Florida Statutes
2. Rule Chapter 9G-19, Florida Administrative Code
3. Chapter 287, Florida Statutes
4. Chapter 119, Florida Statutes
5. Chapter 60A-1, Florida -Administrative Code
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Attachment C
RECORD KEEPING
A. All original records pertinent to this Agreement shall be retained by the Recipient for
three years following the date of termination of this Agreement or of submission of the
final close-out report, whichever is later, with the following exceptions:
1. If any litigation, claim or audit is started before the expiration of the three year
period and extends beyond the three year period, the records will be maintained
until all litigation, claims or audit findings involving the records have been
resolved.
2. Records for the disposition of non -expendable personal property valued at $1,000
or more at the time of acquisition shall be retained for three years after final
disposition.
3. Records relating to real property acquisition shall be retained for three years after
closing of title. -
B. All records, including supporting documentation of all program costs, shall be
sufficient to determine compliance with the requirements and objectives of the Scope
of Work, Attachment A, and all other applicable laws and regulations.
C. The Recipient, its employees or agents, including all subcontractors or consultants to
be paid from funds provided under this Agreement, shall allow access to its records at
reasonable times to the Department, its employees, and agents. "Reasonable" shall be
construed according to the circumstances but ordinarily shall mean during normal
business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday.
"Agents" shall include, but not be limited to, auditors retained by the Department.
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Attachment D
REPORTS
A. At a minimum, the Recipient shall provide the Department with quarterly
Financial Report/Reimbursement Requests, quarterly Summary Project Progress
Reports and final Close-out Reports. The Recipient shall utilize the report
formats provided by the Department.
B. Quarterly reports are due to be received by the Department no later than fifteen
(15) days after the end of each quarter and shall continue to be submitted each
quarter until submission of the administrative close-out report. The ending dates
for each quarter and the report due dates are as follows:
Quarter Ending Date Reports Due
1 June 30, 1998 July 15, 1998
2 September 30, 1998 October 15, 1998
3 December 31, 1998 January 15, 1999
4 March 31, 1999 April 15, 1999
C. The final close-out report is due forty-five (45) days after termination of this
Agreement or upon completion of the activities contained in this Agreement.
D. If all required reports and copies prescribed above are not sent to the Department
or are not completed in a manner acceptable to the Department, the Department
may withhold further payments until they are completed or may take such other
action as set forth in Paragraphs VII. and IX. The Department may take action for
non-compliance consistent with Rule 9G-19.014, F.A.C. if reports are not timely
received. "Acceptable to the Department" means that the work product was
completed in accordance with generally accepted principles and applicable law,
and is consistent with the Scope of Work, as determined by the Department in its
sole discretion.
E. Upon reasonable notice, the Recipient shall provide such additional program
updates or information as may be requested by the Department.
F. The Department shall be permitted to inspect and monitor the records and
facilities of funded projects and award recipients. Such inspections may occur
without notice at any reasonable time, which shall be presumed to be normal
business hours on Monday through Friday.
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Attachment E
PROCUREMENT. SUBCONTRACTS AND SUBGRANTS
A. Subcontracts entered into by a Recipient in connection with any portion of the
proposed project shall contain all terms of the Recipient's Agreement with the
Department.
B. The Recipient shall send a copy of any subcontracts entered into in connection
with implementing the proposed project to the Department within 30 days after
their effective date.
C. Recipient shall not award subgrants using funds awarded pursuant to this rule
chapter.
D. Recipient shall comply with all applicable procurement rules and regulations in
securing goods and services to implement a proposed project. Wherever required
by law or otherwise permitted, Recipient shall utilize competitive procurement
practices.
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Attachment F
FUNDING/CONSIDERATION
A. This is a cost -reimbursement Agreement. The Recipient shall be reimbursed for
costs incurred in the satisfactory performance of work hereunder in an amount not
to exceed $9,000, subject to the availability of funds. The amount of funds
available pursuant to this rule chapter may be adjusted proportionally when
necessary to meet any matching requirements imposed as a condition of receiving
federal disaster relief assistance or planning funds. Funds received from the T
Emergency Management, Preparedness and Assistance Trust Fund may not
be used to supplant existing funds.
B. The Recipient shall establish a separate account code in an interest bearing
account for tracking all deposits, expenditures and interest pertaining to an award.
A separate account code shall be established for each award received. The interest
earned on said account(s) shall be remitted promptly to the Department, but no
later than ninety (90) days after the completion of the Agreement.
C. Any advance payment under this Agreemett is subject to s.-216.1$1(14), Florida
Statutes. Twenty-five (25) percent of an award may be advanced. Payment of
reimbursable expenditures may be requested thereafter, at the end of each quarter.
If an advance payment is requested, the budget data on which the request is based
and a justification letter shall be submitted. The letter will specify the amount of
advance payment needed and provide an explanation of the necessity for and
proposed use of these funds. The Recipient shall mark the appropriate place
below indicating whether or not an advance payment is requested, if an advance
payment is requested enter the amount of the request.
1. No advance payment is requested; payment will be made solely
on a reimbursement basis.
2. An advance payment of $ is requested; balance of
payments will be made on a reimbursement basis. (Justification
letter must be provided.)
D. After the initial advance, if any, quarterly payments may be made for all
reimbursable expenses incurred as of the end of each quarter. The Recipient
agrees to expend funds in accordance with the Scope of Work, Attachment A of
this Agreement.
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E. Recipient agrees to perform the project identified in said application utilizing the
funds provided under this Agreement, supplemented by any funds represented in
said application as matching fiends. Recipient shall not expend more than five
percent (5%) of the total funds awarded for administrative expenses.
"Administrative expenses" means the direct costs of staff managing the project
and other direct costs for managing the project, as well as the applicant's indirect
rate, if any, applied to those direct costs of management. The sum total of direct
or indirect costs identified shall not exceed five percent (5%) of total project costs.
F. Funds disbursed to the Recipient by the Department that are not expended in
implementing the project shall be returned to the Department, along with interest
earned on the funds, within ninety (90) days of the expiration of the award
agreement.
G. Recipient shall comply with all applicable procurement rules and regulations in
securing goods and services to implement a proposed project.
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